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I'm having a EXTREMELY BIG issue collecting child support from my son father. He's active duty military.


In Feb 06, I went to child support enforcement. They established paternity. Then some weeks after that we went to the financial hearing. There he stated he was going to Afghanistan. He wanted the case to go to court, but they could not get us into court before he left. They told me I had to wait a year for his return. In Mar 07 he returned. I went to the courts to do a petition for support. Never did he show up to any of the hearings. Because he's in Hawaii and its out of Jurisdiction, basically nothing can be done. I found out what command he was at and had my CMC call his CMC (Command Master Chief). Nothing hasnt been done there either because they say by law they CANT make him pay child support if there's NO order. Nobody dont understand this deadbeat has been running for 2 years. He came back here in VA but immediately left to go to Hawaii. I went back to child support yesterday because I was informed I can go through them and they can file with Hawaii. What else can I do??????????

Pursuant to the Soldiers and Sailors Act and/or the Service Member Civil Relief Act (50 U.S.C. 501 et. seq.), you cannot obtain a default judgment against active duty military personnel.

This can be extremely frustrating as the father of your child is using his active status as a weapon instead of what it was meant for.

I have had many of these cases and my advice to you is to contact his commanding officer and advise telephonically and in writing that the father is failing to support his minor child. The father can be court martialed for not providing for his children. Many times, after speaking with the culprits Captain matters resolve very quickly.

You may also contact the Judge Advocate at his home base, and advise of the situation if you are near the military base, it is possible for an attorney from the Judge Advocate's office to appear in court so that orders can be made even in the Father's absence.

You should contact an attorney in your area that has experience with these matter. It can be done - it is not easy - but it can be done.

Go to court and have his wages garnished

Quit spreading your legs and you won't have this problem!

Nothing according to the Soldier's and Sailor's Act.

Hi what a schmuck !! Since you already have paternity resolved and he isn't showing up to court they can go ahead with an order even though he isn't there .. If he still won't pay he will end up oweing alot more in the end as child support arrearages will apply here ... If you want to you can apply at the Social Security office take your paperwork with you and start recieving child support benefits via his social security.. I don't see why he won't pay doesn't he care at all ??? Good luck

Back to court i'm afraid, and apply for it to be taken out of his wages at source.

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